Your Immigration Link to the World

1. Health Related Grounds.  This includes those who have certain communicable diseases such as tuberculosis, leprosy, and syphilis.  A waiver is available to an alien who is the spouse or the unmarried son or daughter, or the minor unmarried lawfully adopted child, of a United States citizen, or of an alien lawfully admitted for permanent residence, or of an alien who has been issued an immigrant visa, or has a son or daughter who is a United States citizen, or an alien lawfully admitted for permanent residence, provided they comply with any requirements of the appropriate health department, including the posting of any bond that may be required.  In addition, the Immigration Reform Act of 1996 now requires all persons who are seeking permanent residence in the United States to be vaccinated for a variety of illnesses, including polio, mumps, measles, etc.  If the appropriate vaccine were received, then the ground of inadmissibility would be removed. Furthermore, an alien who is determined to have, or in some cases, have had, a physical or mental disorder and behavior associated with the disorder that may pose, or has posed, a threat to the property, safety, or welfare of the alien or others, is inadmissible, but a waiver is available upon complying with the requirements of the health department and posting the appropriate bond.  Drug addicts and drug abusers are inadmissible, and no waivers are provided for under the Immigration Act.

2. Criminal and Related Grounds.  An alien who has been convicted of a crime involving moral turpitude, or of a violation of (or a conspiracy or attempt to violate) any law or regulation of a state, the United States, or a foreign country relating to a controlled substance is inadmissible.  Likewise, any alien convicted of two or more offenses, even if they did not involve moral turpitude, is inadmissible if the aggregate sentences to confinement actually imposed were 5 years or more.  An alien who the consular or immigration officer knows, or has reason to believe, is or has been an illicit trafficker in any controlled substance is inadmissible.  Additionally, any alien who is involved in prostitution or commercialized vice is inadmissible.
   
   An alien inadmissible on criminal grounds may be granted a waiver under §212(h) of the Immigration and Nationality Act (a) if the alien is the spouse, parent, son or daughter of a citizen of the United States or an alien lawfully admitted for permanent residence; (b) can establish that the US citizen or lawful permanent resident relative will suffer extreme hardship if the waiver is not granted; and (c) that the admission of the applicant would not be contrary to the national welfare, safety, or security of the United States.  In addition, if the crime was committed more than 15 years before seeking admission, the alien need only show rehabilitation and that the admission of the alien would not be contrary to the national welfare, safety, or security of the US.
   
   The waiver application is filed on immigration form I-601, together with a filing fee, and proof of the qualifying relationship.  Also, you must attach whatever evidence you have that extreme hardship will be caused to the US citizen or lawful permanent resident relative if the waiver is not granted.
   
   Under the Immigration Reform Act of 1996, no waiver may be granted under this section if the alien had previously been admitted to the US as a permanent resident, and since said date had been convicted of an aggravated felony or the alien had not resided lawfully in the US for at least seven (7) years.

3. Security and Related Grounds.  This ground of inadmissibility relates to any alien who seeks to enter the United States to engage in espionage, to import or export any illegal security items, who seeks the overthrow of the US government, who has or seeks to engage in terrorist activities, whose actions will have serious foreign policy consequences for the United States, is a member of a totalitarian party, or participated in Nazi persecution or genocide.

4. Public Charge.  Any alien who, in the opinion of the consular officer at the time of application for a visa, or in the opinion of the Attorney General at the time of application for admission or adjustment of status, is likely at any time to become a public charge is inadmissible. The factors to be taken into consideration in determining whether an alien is likely to become a public charge include the alien's age; health; family status; assets, resources, and financial status; and any affidavit of support given on behalf of the alien. 

5. Lack of Labor Certification.  Any alien who seeks to enter the United States, on a permanent basis, for the purpose of performing skilled or unskilled labor is inadmissible unless he or she has first obtained a labor certification from the Department of Labor certifying that there is a shortage of workers in the alien's occupation in the part of the country where the alien will be employed.  A labor certification is not necessary if the alien is entering pursuant to a petition filed in the family preference category, or on a nonimmigrant visa, as an investor, or as a refugee.  In addition to the above, certain aliens entering as medical doctors or health care workers are admissible only if they have first passed the required medical or health care exams and have an appropriate certificate evidencing such compliance.

6. Illegal Entrants and Immigration Violators.  These include aliens who have entered the United States without admission or parole; those who have failed to attend a removal proceeding; those who have willfully misrepresented a material fact, or committed fraud in seeking entry to the US; or have falsely claimed US citizenship; or a nonimmigrant alien who has fraudulently obtained a public benefit; and stowaways and alien smugglers.
   
   A waiver exists for those who are present in the US without admission or parole if they can establish that they are a battered spouse or child.  In addition, a waiver exists for those who have committed fraud, or have made a material misrepresentation, if the alien is the spouse, son, or daughter of a United States citizen or lawful permanent resident alien, and that the refusal of admission to the United States will cause extreme hardship to the citizen or lawfully resident spouse or parent of such alien.
   
   The waiver application is filed on immigration Form I-601, together with a filing fee, and proof of the qualifying relationship.  Also, you must attach whatever evidence you have that extreme hardship will be caused to the US citizen or lawful permanent resident relative if the waiver is not granted.

7. Documentary Requirements.  This class includes aliens seeking to enter as immigrants or non-immigrants who do not have the proper entry documents, including valid passports, visas, alien cards, etc.  A waiver exists in cases of unforeseen emergencies; or where the alien is a citizen of a country that has a treaty with the US for admission of its nationals without the necessary documentation; or where the alien is proceeding in direct transit through the US.

8. Ineligible for Citizenship.  Any alien seeking to enter as an immigrant who is permanently ineligible to citizenship is inadmissible.  This includes those who have evaded the draft, but does not include those aliens who seek to enter the United States only as non-immigrants.

9. Aliens Previously Removed.  This class of inadmissibility applies to those aliens who have been ordered removed from the United States.  In general, they are ineligible to reenter the United States for a period of five years following the removal order.  The period is increased to twenty (20) years if it is a second removal, or it is a permanent bar if the alien was removed for the commission of an aggravated felony.
   
   This section also contains a ground of inadmissibility for aliens who are "unlawfully present" in the United States.  The Immigration Reform Act of 1996 added this section, and it is considered one of the most extreme measures contained in the new act.  This provision provides that any alien who was unlawfully present in the United States for a period of more than 180 days but less than 1 year, (after April 1, 1997), voluntarily departed the United States, whether under a removal order or not, and who again seeks admission within 3 years of the date of the departure or removal, or has been unlawfully present in the United States for one year or more, and who again seeks admission within 10 years of the date of such departure or removal is inadmissible.
   
   Unlawful presence means the alien's presence in the United States after the period of stay granted by Immigration, or if the alien is present in the United States, without being admitted or paroled.  Several exceptions exist.  These include minors under the age of 18; those who have filed a bona-fide application for asylum; those who qualify for the family unity program; battered women and children; and those who have filed a non-frivolous and timely application for extension of stay or change of status and have not been employed without authorization in the United States.
   
   In addition to all of the above, an alien who has been unlawfully present in the United States for an aggregate period of more than 1 year, or has been ordered removed and who enters or attempts to enter the United States without being admitted is inadmissible.
   
   A waiver is available under the three (3) and ten (10) year bars for an alien who is the spouse or son or daughter of a US citizen or permanent resident, and if it is established to the satisfaction of the immigration service that the refusal of admission to such immigrant alien would result in extreme hardship to the citizen or lawfully resident spouse or parent of such alien.  As with many other provisions of the new act, no court review of the immigration decision is permitted.

10. Miscellaneous Provisions.  There are several other classes of aliens who are deemed inadmissible. These include practicing polygamists; guardians who are required to accompany helpless aliens; international child abductors; unlawful voters; and former citizens who renounced citizenship to avoid taxation.

1. Immigrant Visa applicants;
2. Adjustment of status applicant;
3. K-1 or K-2 non-immigrant visa applicant;
4. K-3 or K-4 noni-mmigrant visa applicant;
5. V non-immigrant visa applicant;
6. Temporary Protected Status (TPS) applicant;
7. Nicaraguan Adjustment and Central American Relief Act (NACARA) applicant;
8. Haitian Refugee Immigrant Fairness Act (HRIFA) applicant;
9. Violence Against Women Act (VAWA) self petitioner; or
10. T non-immigrant visa applicant filing for adjustment of status who is deemed inadmissible because of a certain ground that has not already been waived and who seeks a waiver of the following grounds of inadmissibility:
    

• Health related grounds;
• Certain criminal grounds;
• Totalitarian Party Membership grounds;
• Immigration fraud grounds (except if falsely claiming U.S. citizenship on or after 09/30/96);
• Smuggler related grounds;
• Three to ten year bar;
• Particular grounds of inadmissibility for a TPS applicant;
• NACARA or HRIFA applicant with previously removed and previous immigration violations grounds;
• VAWA self-petitioner who is unlawfully present after previous immigration violations;
• T non-immigrants may receive a waiver for Public health and public charge grounds but not for security related, international child abductor, or former citizens who renounced citizenship to avoid taxation grounds.

1. You must file the Form I-601 with the Vermont Service Center if you have an approved Form I-360 for a self-petitioning spouse or child of an abusive U.S. permanent resident or citizen (inside or outside the U.S.) or if you are a T non-immigrant seeking adjustment of status.
2. If you file your Form I-601 concurrently with a Form I-485, Application to Register Permanent Residence or Adjust Status then you must file them at the filing location specified on your Form I-485.
3. If you have already filed your Form I-485 then you must file Form I-601 with the designated USCIS Lockbox facility in addition to a Form I-797C, Notice of Action.This waiver, if approved, will only apply to those grounds of inadmissibility that you have designated and will not function as a sort of comprehensive get out of jail free card.  Click here to view grounds of inadmissibility that have available waivers.

1. Affidavits from yourself and/or others supporting your waiver application;
2. Police reports from countries you have resided in;
3. Court records associated with any convictions or charges in the U.S. or abroad;
4. Evidence of rehabilitation after conviction and/ or incarceration;
5. Evidence that your entry to the U.S. will not endanger national welfare or security;
6. Medical reports; and
   
7. If applicable, evidence of potentially extreme hardship to your U.S. citizen or permanent resident spouse, parent, son or daughter if you are not allowed to enter the U.S.;

1. Information about your physical or mental disorder;
   
2. Information about the behavior associated with the disorder;
   
3. Any details of hospitalization, institutional care or any treatment received in relation to this disorder; and
4. Information about your current physical condition if applicable (chest x-rays, serologic tests or any other pertinent diagnostic tests);
   
5. Information about your current mental condition if applicable (prognosis of possibility of re-occurrence of associated harmful behaviors); and
6. A recommendation of treatment available in the U.S. that will significantly reduce the probability of the applicant’s behavior causing any harm in the future.

1. The spouse of a U.S. citizen; 
2. The parent of a U.S. citizen; 
3. The unmarried son or daughter of a U.S. citizen; 
4. The minor, unmarried, lawfully adopted child of a U.S. citizen; 
5. The spouse of a U.S. Lawful Permanent Resident; 
6. The parent of a U.S. Lawful Permanent Resident; 
7. The unmarried son or daughter of a U.S. Lawful Permanent Resident; 
8. The minor, unmarried, lawfully adopted child of a U.S. Lawful Permanent Resident;
9. The fiancé(e) of a U.S. citizen;
10. The child of a fiancé(e) of a U.S. citizen;
11. The spouse of an alien with an immigrant visa;
12. The parent of an alien with an immigrant visa;
13. The unmarried son or daughter of an alien with an immigrant visa;
14. The minor, unmarried, lawfully adopted child of an alien with an immigrant visa; or
15. A VAWA self-petitioner.

1. Committed a crime involving moral turpitude;
   
2. Committed a controlled substance violation in any country involving possession of 30 grams or less of marijuana; 
3. Currently have two or more criminal convictions with a combined total of five years or more of incarceration;
   
4. Have been convicted of prostitution;
   
5. Have been convicted of involvement in any illegal commercialized vice; or
6. Have been convicted of a serious criminal activity for which you can assert your immunity.

1. If you are filing a waiver for a prostitution conviction you must be able to show that your inadmissibility is due solely to the prostitution charge, that you are now fully rehabilitated and that your entry into the U.S. will not affect the welfare or security of this country; or
2. You must be able to establish that at least 15 years have passed since you committed the action that made you inadmissible.  You must also be able to establish that you are now fully rehabilitated and that your entry into the U.S. will not affect the welfare or security of this country; or
3. You must be able to show that if you are denied entry based on your inadmissibility then the person petitioning to bring you to the U.S. would experience extreme hardship; or
4. You must be able to establish that you are an approved VAWA (Violence Against Women Act) self-petitioner.